Gold medal-winning para-athlete faces jail for ‘lying’ about her disability

A former soldier who went on to become a gold medal-winning para-athlete could face prison after being accused of lying about the extent of her disability in a 2.4 million compensation claim against the Ministry of Defence (MoD).Debbie OConnell, 37, fractured her collarbone in four places after falling from a horse in 2015 while training with the Royal Horse Artillerys ceremonial unit, the Kings Troop. She later claimed the injury left her left arm almost unusable. After leaving the army, she built a successful para-athletics career and won gold medals in cycling at the 2018 Invictus Games.In September 2018, Ms OConnell launched a 2.4 million damages claim against the MoD, later reduced to 1.74 million. However, the claim was dismissed by a High Court judge last year on the grounds of fundamental dishonesty.Judge Christopher Kennedy KC ruled that her evidence regarding ongoing pain must be dishonest after surveillance footage showed her performing tasks such as leading a horse and chopping vegetables. He ordered her to pay more than 200,000 in legal costs.The case returned to court last week after the MoD applied to have Ms OConnell committed to prison for contempt of court, alleging she lied about the severity of her disability during the compensation proceedings.A new judge, Mr Justice Coppel, allowed the contempt proceedings to move forward, stating that it was in the public interest for such applications to proceed where claims had been prosecuted on a false basis, as has been found in this case.During the original trial, the court heard that Ms OConnell claimed chronic pain in her left arm and shoulder following the accident, which led to her discharge from the forces two years later. She argued that her fall was caused by riding boots that were two sizes too large and by being assigned a horse that had a tendency to buck.The MoD disputed her claim, alleging she exaggerated her injuries while dishonestly competing in the T46 para-athletics category, which is for athletes with limb impairments comparable to a unilateral above-elbow amputation.MoD barrister Niazi Fetto KC said she had relied upon her dishonest pursuit of a para-athletics career in the knowledge that her condition does not fall within the T46 category. Covert surveillance footage showed her using her injured arm in everyday tasks, including leading a horse and chopping vegetables.Ms OConnell denied any dishonesty. She told the court she had described my condition when assessed and had been assigned the classification accordingly. She said she had been trained as a soldier to push through pain and was doing her best to rebuild her life despite her injury.She competed at the 2018 Invictus Games in Sydney, winning two gold and two silver medals, and later took part in sprinting and CrossFit competitions.In his earlier judgment, Judge Kennedy noted that by 2022 she was still reporting needing assistance with cutting food, preparing hot drinks, bathing, and dressing.She reported that her pain remained the same as before and it restricted her daily activities, he said. [But] the claimants presentation on the video is of someone with normal or near normal function in their left upper limb and shoulder.He concluded: This is a claim which I have found to be fundamentally dishonest. The claimant has persisted with her dishonesty over a long period. She has sought to engage others and her attempts to conceal the truth have been sophisticated.At last weeks hearing, MoD lawyers argued that there was a clear public interest in pursuing contempt proceedings, which carry a maximum sentence of two years in prison.Ms OConnells barrister, Ian Denham, argued that she had suffered enough already, having lost her claim, been ordered to pay substantial legal costs, and faced public findings of dishonesty. He also contended that she had only been found dishonest to the civil standard of proof, not the higher criminal standard required in contempt proceedings.However, Mr Justice Coppel ruled against her. There are strong findings of fundamental dishonesty made against the defendant in the judgment, he said. I am going to give permission, in so far as its necessary, for the claimant to pursue each of the allegations.A further hearing will now determine whether Ms OConnell is in contempt of court and whether she should face imprisonment.The post Gold medal-winning para-athlete faces jail for lying about her disability appeared first on Linda Ikeji Blog.